Terms of Use
Last updated: April 10,2019
Sybershop Services and/or its affiliates (“Sybershop”) provide website features and other goods and services to you when you pay a visit to or shop at sybershop.com, use goods or services, use Sybershop on mobile, or use software provided by Sybershop in relationship with any of the foregoing (aggregately, “Sybershop Services”). Sybershop provides the Sybershop Services subject to the following terms.
By utilizing Sybershop Services, you comply with these terms. Please read them attentively.
We make available a variety of Sybershop Services, and occasionally supplementary terms may apply. When you utilize a Sybershop Service (for example, Your Profile, Gift Cards,) you also will be subject to the rules, terms and agreements pertinent to that Sybershop Service (“Service Terms”). If these Terms of Use are conflicting with the Service Terms, those Service Terms will rule.
Confidentiality/Privacy
You are encouraged to check out our Confidentiality Policy, which also regulates your utilization of Sybershop Services, to comprehend the way we handle privacy matters.
ELECTRONIC COMMUNICATING METHODS
When you utilize Sybershop Services, or send text messages, electronic mails, and other communications from your mobile device or desktop to us, you may be communicating with us electronically. You assent to get communications from us electronically, such as electronic mails, texts, mobile push notices, or notices and messages on this site or through the other Sybershop Services, like our Information Center, and you can keep duplicates of these communications for your records. You consent that all agreements, notices, disclosures, and other communications that we give to you electronically fulfill any legal provision that such communications be in writing.
TRADEMARKS
Furthermore, graphics, logotypes, page headers, buttons, and service titles in or accessible through any Sybershop Service are trademarks in the United States and other countries. Sybershop’s trademarks may not be used in relationship with any goods or services that is not Sybershop’s, in whatever way that might cause bewilderment amid customers, or in any way that belittles or defames Sybershop
Promotions & Offers
Sybershop makes offers and promotions at its own discretion and it reserves the right to change, or deny promotions and offers made available. Typically these promotions and offers will be modified or denied if we believe they are being misused or abused. These promotions and offers are not guaranteed to be accepted at any time for any reason.
AUTHORIZATION AND ACCESS
Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any relevant fees, Sybershop or its content providers endow you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sybershop Services. This license does not include any resale or commercial use of any Sybershop Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Toyllam Service or its contents; any use of account information for the interest of any third party; or any utilization of data accumulation and extraction means. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and held by sybershop or its licensors, suppliers, rightsholders, or other content distributors. No Sybershop Service, nor any part of any Sybershop Service, may be replicated, duplicated, sold, resold, visited, or otherwise exploited for any commercial intent without express written agreement of Sybershop. You may not frame or utilize framing methods to encompass any trademark, logo, or other proprietary information (including images, text, or form) of sybershop without express written agreement. You may not use any meta tags or any other “hidden text” utilizing Sybershop’s name or trademarks without the express written consent of Sybershop. You may not misuse the Sybershop Services. You may use the Sybershop Services only as permitted by law. The licenses granted by Sybershop terminate if you do not comply with these Terms of Use or any Service Terms.
CUSTOMER ACCOUNT
In some circumstances you will require your own Sybershop account to utilize some Sybershop Services; also, you might need to be logged in to an account and possess a legal and lawful payment mode related to it. If an issue arises regarding charging your payment mode of choice, we may charge any other payment mode that is valid related to your account. You take responsibility for keeping the confidentiality of your account and password secure and for prohibiting access to your account, and you consent to take responsibility for all actions that are carried out under your account or password. Sybershop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Anyone under 18 may use Sybershop Services only if a parent/guardian creates the account used to access Sybershop services and purchase goods. The parent/guardian acknowledges the utilization of Sybershop.Sybershop reserves the right to deny service, cancel accounts, cancel your rights to use Sybershop Services, delete or modify content, or cancel orders in its sole discretion.
CONTENT
You may post reviews, comments, pictures, videos, and other content; send communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, injurious, intrudes on privacy, transgressing of intellectual property rights (including publicity rights), or otherwise disparaging to third parties or objectionable, and is not constitutee of or have software viruses, political campaigning, commercial solicitation, mass mailings, or any mode of “spam” or unsolicited commercial electronic messages. You cannot impersonate any individual or entity, or otherwise deceive as to the origin of content. Sybershop reserves the right (but not the obligation) to delete or edit such content.
If you do post content or submit material, and unless otherwise stated, you bestow Sybershop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, replicate, change, adapt, publish, translate, distribute, and display such content throughout the world in any form. You bestow Sybershop the right to use the name that you submit in relationship with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sybershop for all claims resulting from content you supply. Sybershop has the right but not the obligation to look over and modify or delete any activity or content. Sybershop takes no responsibility and assumes no liability for any content provided by you or any third party.
RISK OF LOSS
All purchases of physical products from Sybershop are made in a manner conformable to a shipment contract. This means that the risk of loss and title for such products are transferred to you upon once the carrier has possession of the product.
REFUNDS, RETURNS AND PRODUCT OWNERSHIP
Sybershop does not take ownership of returned products until the product arrives at the specified return address. At our discretion, a refund may be issued without requiring a return.
ITEM DESCRIPTIONS
Sybershop tries to be as precise as possible. Although, Sybershop does not guarantee that item descriptions or other content of any Sybershop Service is correct, entire, dependable, up-to-date, or without error. If an item offered by Sybershop itself is not as described, your only solution is to return it without using it.
PRICING
In some cases, a minute number of the products in our catalog might be priced incorrectly. If the right price of a product sold by Sybershop is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
SANCTIONS AND EXPORT CODE
You cannot use any Sybershop Service if you are the subject of U.S. sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are utilizing Sybershop Services. You must comply with all U.S. or other export and re-export prohibitions that may apply to products, technology, and services.
OTHER BUSINESSES AND DROPSHIPPING
In some instances (for efficiency purposes), Sybershop will ship a product from a third party business directly to a customer (we refer to this method of shipping as dropshipping.) We are not responsible for the content, packaging, or shipping method(s) of products which are dropshipped. In addition, if an issue arises regarding a dropshipped product, the sole solution is to return the product for an exchange or refund. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of the third party businesses or persons used for dropshipping (including the content of their Web sites). Sybershop does not assume any responsibility or liability for the actions, products , and content of all these and any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SYBERSHOP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, GOODS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE ACCESSIBLE TO YOU VIA THE SYBERSHOP SERVICES ARE PROVIDED BY SYBERSHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE INDICATED IN WRITING. SYBERSHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SYBERSHOP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, GOODS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE ACCESSIBLE TO YOU VIA THE SYBERSHOP SERVICES, UNLESS OTHERWISE STATED IN WRITING. YOU EXPRESSLY ASSENT THAT YOUR UTILIZATION OF THE SYBERSHOP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT ALLOWABLE BY LAW, SYBERSHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYBERSHOP DOES NOT WARRANT THAT THE SYBERSHOP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SYBERSHOP SERVICES, SYBERSHOP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SYBERSHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT ALLOWABLE BY LAW, TEMEOE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SYBERSHOP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, GOODS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE ACCESSIBLE TO YOU VIA ANY SYBERSHOP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE INDICATED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Sybershop Service, or to any goods or services sold or distributed by Sybershop or through sybershop.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court revision of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court and must follow the terms of these Terms of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
APPLICABLE LAW
By using any Sybershop Service, you assent that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of contradiction of laws, will control these Terms of Use and any dispute of any sort that may arise between you and Sybershop.
POLICIES, ALTERATION, AND SEVERABILITY
Go over our other policies posted on this site. These policies also control your use of Sybershop Services. We reserve the right to alter our site, policies, Service Terms, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.